MOFFITT BUILDING MATERIAL CO. v. U.S. LUMBER & SUP. CO.

No. 51038.

124 N.W.2d 134 (1963)

MOFFITT BUILDING MATERIAL CO., Appellee, v. U. S. LUMBER AND SUPPLY CO., Ellen M. Plants and Leslie C. Plants, Appellants.

Supreme Court of Iowa.

October 15, 1963.


Attorney(s) appearing for the Case

Life, Davis & Life, by H. S. Life, Oskaloosa, for appellants, Ellen M. Plants and Leslie C. Plants.

Neiman, Neiman & Stone, by James Spellman, Des Moines, and Crookham & Crookham, by Lake E. Crookham, Oskaloosa, for appellee.

No appearance for U. S. Lumber & Supply Co.


SNELL, Justice.

This is an action in equity to enforce a mechanic's lien for materials furnished by plaintiff to a contractor for improvement of defendant-owner's house. Defendant contractor did not defend and permitted judgment by default. Defendant-owners offered no evidence. Defendants relied on claimed weakness in plaintiff's proof and the anguished cry in oral argument "we wuz robbed." Just how they have been wronged does not appear in the record but from the...

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